AquaRunner247 Terms of Service

Version: 1.2
Effective Date: November 10, 2026
Last Updated: November 10, 2026

These Terms of Service (“Terms”) govern access to and use of the AquaRunner 24/7 Pro platform and the AquaRunner247 website, applications, software, portals, and related services (collectively, the “Services”). Please read them carefully.

In these Terms, “AquaRunner247,” “AquaRunner,” “we,” “us,” and “our” mean AquaRunner247 LLC, a Nevada limited liability company, with a notice address at 732 S 6th St, Ste N, Las Vegas, NV 89101. “Customer,” “you,” and “your” mean the person or organization accepting these Terms. If you accept for a business or other organization, you represent that you have authority to bind it, and “you” includes that organization.

By creating an account, clicking to accept these Terms, purchasing a subscription, or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Definitions

• “Account” means the account created to access the Services.
• “Customer Data” means information or content submitted to, collected through, or stored in the Services on your behalf, including property and body-of-water details, chemical readings, inspection records, photos, documents, contact details, and route information.
• “Documentation” means product guides, instructions, and other materials we make available about the Services.
• “User” means you and anyone you authorize to access the Services through your Account, including employees, technicians, contractors, customers, and inspectors.
• “Order” means an online purchase, order form, or other written subscription confirmation identifying your plan, fees, and any additional terms.
• “Organization” means the pool service company or other business entity that subscribes to the Services; where you accept these Terms for an Organization, “you” means that Organization.
• “End Customer” means a customer of an Organization who is given access to the customer portal to view service history, chemistry readings, and other information the Organization chooses to share.

The Services are a multi-tenant platform: each Organization’s account and Customer Data are logically segregated from every other Organization’s, and account access is role-scoped (Admin, Office, and Technician roles) with different permissions for each role.

2. Eligibility and Business Use

You must be at least 18 years old and legally able to agree to these Terms.

These Terms are written for business use. The Services are commercial tools for pool service and maintenance businesses, their personnel, and the operators of commercially regulated bodies of water. That includes the AquaRunner Compliance plan, which exists to produce the chemical and inspection logs a health department requires for a commercial pool, spa, splash pad, or similar water feature. Those logging requirements apply to commercially regulated water, not to a private residential pool, and the public QR-code compliance log is published only for a commercial body of water. A single-property owner, an HOA, a property manager, or an in-house Certified Pool Operator who subscribes is doing so to meet that operational and regulatory obligation — which is business use, whatever the size of the account.

By subscribing, you confirm that you are using the Services for business, commercial, or regulatory-compliance purposes and not primarily for personal, family, or household purposes.

If you are in fact a consumer. We recognize that a person may still subscribe primarily for personal, family, or household purposes. If you do, our Consumer Addendum at https://aquarunner247.com/consumer-terms applies to you and is incorporated into these Terms by reference. It modifies these Terms in your favor — including the indemnity in Section 20.1, the refund and cancellation provisions in Sections 4.5 and 4.6, and the dispute resolution provisions in Section 24 — and it prevails over these Terms to the extent of any conflict. Nothing in these Terms waives a right that applicable consumer protection law does not allow to be waived, whether or not the Consumer Addendum applies to you.

You may use the Services only if doing so does not violate applicable law, a third party’s rights, or an agreement that binds you. You are responsible for ensuring that your use of the Services is appropriate for your business and the properties you service.

3. Accounts and Security

You must provide accurate, current registration and billing information and keep it updated. You are responsible for:

1. Maintaining the confidentiality and security of Account credentials;
2. Controlling access to your Account and assigning appropriate permissions;
3. All activity conducted through your Account, except to the extent caused by our breach of these Terms or applicable law; and
4. Promptly notifying us at support@aquarunner247.com if you suspect unauthorized access or a security incident involving your Account.

Do not share credentials in a way that bypasses plan limits or account controls. You must promptly deactivate access for Users who no longer need it. We may require reasonable identity or account verification to protect the Services and your data.

4. Subscription Plans, Fees, and Payment

4.1 Plans and pricing

The Services are offered under the following subscription tiers: Service, White Label, Custom/Enterprise, and Compliance, each with different features, technician/user limits, and usage limits as described on our pricing page at https://aquarunner247.com/pricing or in an Order. Plan details, included features, user or usage limits, fees, billing frequency, taxes, and any additional charges are incorporated into these Terms by reference and will be provided before you purchase. Subscriptions are billed monthly or annually in advance unless your Order states otherwise.

Our pricing model is designed to provide a flat subscription without per-pool fees. A subscription covers residential routes and commercial properties as described in the selected plan. Your plan may still include disclosed limits or charges for users, features, storage, services, or usage that are not priced on a per-pool basis.

4.2 Payment authorization

You authorize us and our payment processor, Stripe, to charge the payment method you provide for subscription fees, applicable taxes, and other amounts disclosed in your Order. You must keep your payment information current. You are responsible for applicable taxes, excluding taxes on our net income.

If a payment fails, we may retry the charge and charge a reasonable late fee where permitted by law. If payment remains overdue, we may suspend or restrict the Services after notice to your billing contact by email. You remain responsible for amounts due under your Order.

4.3 Automatic renewal

Unless an Order states otherwise, subscriptions renew automatically for successive periods matching the initial billing period—monthly or annually—at the then-current renewal price. We will disclose the renewal terms and price before you subscribe. You authorize recurring charges until you cancel.

You may cancel as described in Section 4.5. We will provide any renewal or cancellation notices required by applicable law.

4.4 Price changes

We may change subscription fees or plan features prospectively, but not during your current paid term. We will give you at least 30 days’ notice of a fee increase before it takes effect, as required by law. Unless applicable law requires otherwise, a price change will apply at the start of your next renewal period. If you do not agree, you may cancel before the new price takes effect.

4.5 Cancellation

You may cancel your subscription from the Billing page in your account dashboard at https://aquarunner247.com/dashboard/billing, or by contacting us at support@aquarunner247.com. Cancellation will take effect at the end of your current paid billing period unless applicable law requires an earlier effective date. You will retain access through the end of that period unless your Account is suspended or terminated under these Terms.

Cancellation stops future renewal charges; it does not automatically refund amounts already paid.

4.6 Refunds

Except where required by law or expressly stated in an Order, subscription fees are non-refundable, and we do not provide credits for partial billing periods, unused features, or unused time. This does not limit any non-waivable rights you may have under applicable law.

4.7 Free trials and promotions

New Organizations may be eligible for a 14-day free trial of the tier selected at signup, subject to these Terms. Unless you cancel before the trial ends, your account will automatically convert to a paid subscription at the then-current rate for the selected tier, and the payment method on file will be charged. We will send a reminder email before the trial ends. We may limit trial eligibility to one trial per Organization and may modify or discontinue the trial offer at any time for future signups. Other promotions, including discounted periods, may be offered with additional terms disclosed at enrollment; promotional offers may not be combined and may be changed or withdrawn as permitted by law.

5. License and Permitted Use

Subject to these Terms and your timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Services for your internal business operations and the work you perform for properties you are authorized to service.

You may permit your Users to use the Services on your behalf. You are responsible for their compliance with these Terms. You may allow customers, property managers, or inspectors to view information through a portal or QR code, subject to your responsibility for the information and access settings you configure.

6. Restrictions

You and your Users must not, and must not help anyone else to:

1. Copy, modify, translate, distribute, sell, lease, sublicense, or create derivative works from the Services, except as expressly allowed by these Terms;
2. Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of the Services, except to the extent applicable law prohibits this restriction;
3. Use the Services to develop or support a competing product or service, or to benchmark or test the Services for competitive purposes without our written permission;
4. Bypass or interfere with security, usage limits, access controls, or technical restrictions, or exceed the usage limits of your subscription tier in a way designed to circumvent billing;
5. Introduce malware, disrupt the Services, interfere with other tenants’ data or use of the Services, or access or attempt to access another person’s account or data without authorization;
6. Use the Services unlawfully, infringe another person’s rights, or submit content you are not authorized to provide;
7. Misrepresent a record, reading, inspection, visit, photo, timestamp, location, or other information generated or stored through the Services;
8. Use the Services as a substitute for professional judgment, required training, current legal requirements, or emergency procedures; or
9. Use the Services in a way that could cause injury, property damage, or a violation of safety or regulatory requirements.

We may investigate suspected violations and take reasonable steps to protect the Services, Users, and third parties.

7. Customer Data and Content

7.1 Ownership

As between you and AquaRunner247, you own your Customer Data and retain all rights in it; we claim no ownership of Customer Data. You are responsible for Customer Data and for obtaining all rights, permissions, and consents necessary for you and us to use it as described in these Terms.

You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, display, and otherwise use Customer Data as reasonably necessary to provide, secure, maintain, and support the Services; comply with law; enforce these Terms; and prevent fraud or misuse. This license includes permission to make Customer Data available to the Users and third parties you designate, including through customer or inspector portals, automated reports, and QR codes.

Each Organization’s Customer Data is logically segregated from other Organizations’ data, and we do not share one Organization’s Customer Data with another Organization, except as you direct or as described in these Terms and our Privacy Policy.

We may create and use aggregated or de-identified information that does not reasonably identify you, your Users, or an individual to analyze, maintain, secure, and improve our products and services, subject to applicable law and our Privacy Policy.

7.2 Your responsibilities for data and records

You are solely responsible for the accuracy, completeness, timeliness, and legality of Customer Data, including chemical readings, dosage entries, inspection checklists, maintenance records, photos, equipment details, and reports. You must review information extracted by the document scanner and correct any errors.

You are responsible for confirming that your Users are authorized to collect and upload information, including personal information, property details, access codes, photos, and location data. Do not upload information you are not authorized to share or that is unnecessary for your use of the Services.

7.3 Uploaded content

You retain ownership of documents, photos, records, and other materials you upload, subject to the license in Section 7.1. You represent that you have the rights and permissions needed to upload and use them as contemplated by these Terms. You must not upload content that is unlawful, misleading, infringing, malicious, or otherwise prohibited by these Terms.

7.4 Data processing and privacy

Our collection and use of personal information is described in our Privacy Policy at https://aquarunner247.com/privacy, which is incorporated into these Terms by reference.

Where we Process personal information on your behalf, our Data Processing Agreement at https://aquarunner247.com/dpa also applies and is incorporated into these Terms by reference. It applies to every Customer, and you accept it at the same time and in the same act as these Terms — no separate signature is required, although we will countersign a copy on request. It governs our processing of personal information to the extent of any conflict with these Terms. If we enter into a separately negotiated data processing agreement with you, that agreement governs instead, to the extent of any conflict.

The Data Processing Agreement records your instructions to us as the controller of that information. Two of them are worth reading before you accept: Section 9.5, under which we retain a defined and minimized set of health-department compliance records after your subscription ends so that the QR-code log posted at a pool keeps resolving, and Section 6.5, which is the process we follow when an individual asks us to delete one of those records.

You are responsible for providing any notices and obtaining any consents required from your employees, contractors, customers, property owners, and other individuals whose information you submit or make available through the Services.

8. Pool Compliance, Chemical Calculations, and Safety

The Services include features intended to assist with pool operations and recordkeeping. These may include state-specific commercial pool checklists and regulatory content for many jurisdictions, QR-code access to logs and inspection histories, route optimization, geofenced arrival records, timestamped or geotagged photos, offline data queuing, dosage calculations based on published Taylor Technologies numbers, and equipment data extraction from uploaded documents.

These features are tools for recording and organizing compliance-related information, such as data relevant to Virginia Graeme Baker (VGB) Act drain cover requirements or local health department rules. These features are tools only. They are not legal, regulatory, medical, health-department, engineering, chemical-safety, or other professional advice, and they are not a substitute for your technicians’ professional judgment and training or for compliance verification by a certified pool operator, health inspector, or other qualified professional. The Services may not reflect every applicable federal, state, local, tribal, or property-specific requirement, and laws, regulations, guidance, and recommended practices may change. Coverage, content, calculations, and availability may be incomplete or contain errors.

You are responsible for independently verifying current requirements with the relevant authority and qualified professionals, and for determining whether a chemical treatment, reading, dosage, inspection, or operating decision is safe and appropriate. You must use product labels, safety data sheets, manufacturer instructions, and applicable procedures. Do not rely on the Services alone to determine whether a pool or other body of water is safe, properly treated, open, or compliant.

We do not guarantee that use of the Services will result in passing an inspection, satisfying a regulator or property owner, avoiding a fine or claim, or achieving or maintaining regulatory compliance. You remain responsible for actual testing, supervision, required recordkeeping, required notices, corrective actions, and decisions about pool operations.

9. QR Codes, Portals, Reports, and Location Features

You control whether and where to display QR codes and which records are made available through a QR code or portal. Anyone who can scan or access a publicly displayed QR code may be able to view the information configured for that code. Do not make confidential or sensitive information available through a public-facing code or portal unless you intend to share it.

You are responsible for configuring portal access, verifying recipients, and reviewing automated email recipients and report content. We are not responsible for disclosure resulting from your sharing settings, public QR-code placement, inaccurate recipient details, or unauthorized access to your Users’ devices or credentials, except to the extent caused by our breach of these Terms or applicable law.

Geofenced arrival tracking and location-based features may require device settings, location permissions, and network access. Availability and accuracy may vary by device, operating system, connectivity, GPS conditions, and user settings. You are responsible for providing legally required notice and obtaining consent for location tracking, including from employees and contractors.

10. Third-Party Services and Integrations

The Services may rely on or connect to third-party products, services, platforms, payment processors, mapping providers, app stores, email services, or integrations. Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for third-party services, their availability, or their acts or omissions.

If you enable an integration, you authorize us to exchange the information reasonably needed to provide it. You are responsible for reviewing the third party’s terms, maintaining your accounts with that provider, and ensuring you have authority to connect and share the relevant data. An integration may be changed, limited, or discontinued if the third party changes or withdraws its service.

Accounting exports. The Services can generate customer, chemical-expense, and technician-pay files in a format QuickBooks can import. These are files you download and import yourself. The Services do not connect to QuickBooks or to any Intuit account, we do not transmit anything to Intuit, and Intuit is not one of our service providers. Once you download a file, you are responsible for it and for whatever you do with it, including any import into a third-party accounting product under that product’s own terms.

11. Mobile Applications and App Stores

Your use of our mobile application is governed by our End User License Agreement at https://aquarunner247.com/eula, which supplements these Terms and includes terms required by Apple and Google. Where the End User License Agreement and these Terms conflict, these Terms control, except where the End User License Agreement expressly addresses use of the application or applicable app-store terms.

If you download a mobile application through Apple’s App Store, Google Play, or another app marketplace, the marketplace’s terms may also apply. These Terms are between you and AquaRunner247, not the app marketplace. The marketplace is not responsible for the application or its content, maintenance, support, or claims relating to it, except as required by its own terms or applicable law.

You must comply with the terms and policies applicable to your device and app marketplace. Your right to use a mobile application is subject to these Terms and any applicable marketplace requirements. We are responsible for providing any support for the Services described in these Terms, not the app marketplace, except where applicable law or marketplace terms provide otherwise.

12. Intellectual Property and Feedback

The Services, Documentation, software, designs, logos, trademarks, and other materials provided by AquaRunner247 are owned by or licensed to us and are protected by intellectual property laws. Except for the limited license expressly granted in these Terms, we reserve all rights in the Services and related materials.

“AquaRunner247” and associated logos and marks are our trademarks or the trademarks of our licensors. You may not use them without our prior written permission, except as necessary to identify your use of the Services in a manner consistent with our brand guidelines.

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate that Feedback without restriction or compensation. Feedback does not include Customer Data.

Copyright complaints. We respond to notices of alleged copyright infringement concerning material stored in or made available through the Services, including uploaded documents, photos, and content shown on a portal or QR-code page. If you believe material accessible through the Services infringes your copyright, send a written notice to our designated agent at the address in Section 22, marked “Attn: Copyright Agent,” or by email to admin@aquarunner247.com with “DMCA Notice” in the subject line. Your notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim has been infringed;
3. identification of the material you claim is infringing, with enough detail for us to locate it, such as the URL of the page or portal where it appears;
4. your name, address, telephone number, and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove or disable access to the material, notify the Organization whose account holds it, and, for repeated infringement, suspend or terminate the responsible account under Section 17. If you are an Organization whose material we removed and you believe the removal was mistaken or that the use is authorized, you may send a counter-notice to the same address containing the elements 17 U.S.C. § 512(g)(3) requires. Submitting a knowingly false notice or counter-notice may expose you to liability for damages under 17 U.S.C. § 512(f).

13. White-Label Features

If your plan includes white-label features, we may permit you to display your own branding in designated parts of customer-facing portals or reports. Your use of those features is subject to your plan, our Documentation, and any brand or technical requirements we provide.

You are responsible for your branding and for ensuring that your use of white-label portals and reports complies with law and does not infringe another person’s rights. White-label features do not transfer ownership of the Services or any AquaRunner247 technology, and we may identify ourselves as the provider where necessary for operation, support, legal compliance, or security.

14. Confidentiality

Each party may receive nonpublic information from the other that is identified as confidential or that reasonably should be understood to be confidential (“Confidential Information”). The receiving party will use the disclosing party’s Confidential Information only to perform or exercise rights under these Terms and will protect it using reasonable care, at least as carefully as it protects its own similar information.

Confidential Information does not include information that the receiving party can show: (a) is or becomes public through no breach of an obligation; (b) was lawfully known without restriction before receipt; (c) is received lawfully from a third party without a duty of confidentiality; or (d) is independently developed without using the other party’s Confidential Information.

A party may disclose Confidential Information when required by law, if it provides notice where legally permitted and reasonably cooperates with efforts to limit the disclosure. Customer Data is also subject to Section 7 and our Privacy Policy.

15. Service Availability, Maintenance, and Support

We will use commercially reasonable efforts to make the Services available, but we do not guarantee uninterrupted, error-free, or continuous availability. The Services may be unavailable or limited due to maintenance, updates, outages, connectivity problems, third-party services, security events, or circumstances outside our reasonable control.

Features that work offline may queue information for later synchronization. You are responsible for confirming that queued data has synced and for maintaining any records or backups required for your business or by law. Offline access may be limited, and data may be delayed, incomplete, or unavailable until synchronization succeeds.

We may perform scheduled or emergency maintenance and will provide notice when reasonably practicable. Support is provided by email at support@aquarunner247.com and as described in your Order, if applicable. We are not obligated to provide support beyond the stated scope.

16. Beta and Preview Features

We may offer features identified as beta, preview, experimental, or similar (“Beta Features”). Beta Features are provided for evaluation, may be incomplete or unstable, and may be changed or discontinued at any time. Unless we agree otherwise in writing, Beta Features are provided “as is,” may not be covered by support commitments, and should not be relied on for critical operations, safety decisions, or required compliance records.

17. Suspension and Termination

17.1 Term

These Terms begin when you accept them or first use the Services and continue while you have an Account or active subscription, unless terminated earlier under this section.

17.2 Suspension

We may suspend or restrict access to some or all of the Services if we reasonably believe that: (a) your use threatens the security, integrity, or availability of the Services; (b) you or a User violated these Terms or applicable law; (c) payment is overdue; (d) suspension is necessary to comply with law or a third-party requirement; or (e) continued access could cause harm to us, another User, or a third party.

Where reasonably practicable, we will provide notice and an opportunity to address the issue before suspension. We may suspend access immediately when reasonably necessary for security, legal compliance, or to prevent harm. We will restore access when the reason for suspension has been resolved, where appropriate.

17.3 Termination

You may terminate your subscription by canceling under Section 4.5 and may stop using the Services at any time.

We may terminate these Terms or your access to the Services for material breach if you fail to cure the breach within 30 days after notice, or immediately if the breach cannot reasonably be cured, involves unlawful conduct or a security threat, or is otherwise permitted by law. We may discontinue the Services, in whole or in part, by providing reasonable advance notice where practicable. If we discontinue a paid Service before the end of your current paid term for reasons other than your breach, we will provide any refund required by law and otherwise refund the unused prepaid fees for the discontinued Service.

17.4 Effect of termination; data export and deletion

When a subscription ends, your right to access the paid Services ends, except as we may allow for a limited transition period. Before termination or expiration, you are responsible for exporting Customer Data you need to retain. We will make Customer Data available for export for 30 days after the subscription ends, subject to the capabilities and limits of the Services and applicable law.

After that period, we delete or de-identify Customer Data in accordance with our retention practices and Privacy Policy, unless law requires a longer retention period. One category is retained indefinitely: water-reading logs, contamination incident records, inspection reports, and the customer, property, body-of-water, and visit records needed to display them, so that the QR-code compliance log posted at a body of water keeps resolving after your subscription ends. Section 13 of our Privacy Policy and Section 9.5 of our data processing agreement describe exactly what is kept, what is cleared from it, and how to ask us about a specific record. Copies may remain in routine backups for a limited period and will be protected under these Terms until deleted. We may retain information as needed to comply with law, resolve disputes, enforce agreements, or protect the Services.

Sections that by their nature should continue after termination will survive, including provisions concerning fees owed, Customer Data licenses for retained data, intellectual property, confidentiality, disclaimers, liability, indemnification, dispute resolution, and general terms.

18. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AQUARUNNER247 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR AVAILABLE AT ALL TIMES; THAT DATA WILL NOT BE LOST OR DELAYED; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ENSURE INSPECTION SUCCESS, OR ESTABLISH LEGAL OR REGULATORY COMPLIANCE. YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

19. Limitation of Liability

19.1 Exclusion of certain damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

19.2 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO AQUARUNNER247 FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.

19.3 Exceptions and application

The exclusions and cap in this section do not limit: (a) your obligation to pay fees properly due; (b) your indemnification obligations under Section 20.1; (c) our indemnification obligation under Section 20.2, which is instead subject to the separate, higher cap stated in Section 19.4; (d) either party’s liability for breach of its confidentiality obligations; (e) either party’s liability for fraud or willful misconduct, or gross negligence to the extent such liability cannot lawfully be limited; (f) liability that applicable law does not allow to be excluded or limited; or (g) any other liability expressly excluded from limitation in an Order signed by both parties.

19.4 Cap on our intellectual-property indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY UNDER SECTION 20.2, INCLUDING DEFENSE COSTS WE PAY, WILL NOT EXCEED THE GREATER OF (i) THE FEES PAID OR PAYABLE BY YOU TO AQUARUNNER247 IN THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM AND (ii) US$50,000.

This is deliberately a higher cap than Section 19.2 rather than the same one. An indemnity against third-party infringement claims is of little use if it is limited to a small subscription’s annual fees, because the cost of defending such a claim bears no relation to what the customer pays us.

The limitations in this section apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They apply only to the maximum extent allowed by law.

20. Indemnification

20.1 Your indemnification of us

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless AquaRunner247 and its officers, directors, employees, and agents from third-party claims, demands, actions, damages, liabilities, penalties, and reasonable legal fees arising out of or related to:

1. Customer Data or other content you or your Users submit, share, or make available through the Services;
2. Your or your Users’ use or misuse of the Services, including use of QR codes, portals, reports, geolocation features, or white-label features;
3. Your services, operations, or work at a property, including injury, property damage, chemical handling, treatment or dosage decisions, maintenance, inspection, or a regulatory violation at a property you service;
4. Your failure to obtain required rights, permissions, notices, or consents, including for personal information, photos, location tracking, or access to property records; or
5. Your or your Users’ violation of these Terms or applicable law.

You may not settle a claim in a way that admits fault by, imposes obligations on, or fails to fully release an indemnified party without that party’s prior written consent. The indemnified party will provide reasonably prompt notice of the claim and reasonable cooperation at your expense. A delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.

20.2 Our indemnification of you

We will defend you against any third-party claim alleging that the Services, as we provide them and as you use them in accordance with these Terms, infringe or misappropriate that third party’s patent, copyright, trademark, or trade secret rights, and we will pay the damages finally awarded against you by a court of competent jurisdiction, or the settlement amounts we agree to, for such a claim.

This obligation does not apply to a claim arising from:

1. Customer Data, or any content, data, or materials you or your Users provide;
2. your use of the Services in breach of these Terms or in violation of applicable law;
3. any modification of the Services by anyone other than us;
4. the combination or use of the Services with software, hardware, data, services, or processes we did not provide, where the claim would not have arisen but for that combination or use;
5. your continued use of an allegedly infringing version of the Services after we have made a non-infringing version reasonably available to you at no additional charge; or
6. Beta Features, or any Service provided at no charge.

If a claim covered by this Section 20.2 is made or we reasonably believe one is likely, we may, at our option and expense: (a) procure the right for you to keep using the affected Services; (b) modify or replace the affected Services so they are no longer infringing while remaining materially equivalent in function; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected Services on written notice and refund any prepaid fees covering the terminated portion of your then-current term.

This Section 20.2 states our entire obligation and your exclusive remedy for any claim that the Services infringe or misappropriate a third party’s intellectual property rights. Our obligations under this Section 20.2 are subject to the cap in Section 19.4, and not to the general cap in Section 19.2.

20.3 Indemnification procedure

For a claim under Section 20.2, you will give us reasonably prompt written notice of the claim, give us sole control of its defense and settlement, and provide reasonable cooperation at our expense. A delay in notice will not relieve us of our obligations except to the extent we are materially prejudiced by the delay. We may not settle a claim in a way that admits fault by, imposes a non-monetary obligation on, or fails to fully release you without your prior written consent. You may participate in the defense at your own expense with counsel of your choosing.

21. Changes to the Services or Terms

We may update the Services and these Terms from time to time. We will post revised Terms on our website or provide notice through the Services or by email. Changes will take effect on the stated effective date. If a change materially affects your rights or obligations, we will provide reasonable advance notice where practicable.

If you do not agree to a revised term, you must stop using the affected Services and may cancel your subscription before the change takes effect. Your continued use after the effective date constitutes acceptance, to the extent permitted by law. Changes will not apply retroactively to a dispute that arose before the effective date unless required by law or agreed by the parties.

22. Notices

We may send notices to the email address associated with your Account, through the Services, or by another method permitted by law. You are responsible for keeping your contact details current.

Notices to AquaRunner247 must be sent to:

AquaRunner247 LLC
Attn: Legal Notices
732 S 6th St, Ste N, Las Vegas, NV 89101
Email: admin@aquarunner247.com

Notices are effective when received, except that email notices are considered received when sent if the sender does not receive a delivery-failure notice.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 24.

Subject to Section 24 and applicable law, the state and federal courts located in Clark County, Nevada will have exclusive jurisdiction over disputes that may be brought in court. Each party consents to personal jurisdiction and venue in those courts. Nothing in this section limits any non-waivable consumer rights.

24. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects how disputes may be resolved.

24.1 Informal resolution first

Before filing a claim in court or arbitration, the party raising the dispute must send the other party a written notice describing the dispute and the relief sought (“Dispute Notice”). Notices to AquaRunner247 must be sent to admin@aquarunner247.com and 732 S 6th St, Ste N, Las Vegas, NV 89101. Notices to you will be sent to the email or mailing address associated with your Account.

The parties will make a good-faith effort to resolve the dispute informally for at least 30 days after the Dispute Notice is received. Either party may request a telephone or video conference during that period. Any applicable limitation period will be tolled during the informal resolution period to the extent permitted by law.

24.2 Agreement to arbitrate

If the parties do not resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, except for the claims described in Section 24.4. This agreement applies to disputes based on contract, statute, regulation, tort, fraud, or any other legal theory, and applies whether a claim arises before or after termination of these Terms.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms. If the named administrator is unavailable or declines to administer the arbitration, the parties will select another reputable arbitration provider or, if they cannot agree, a court may appoint one as allowed by law. If there is a conflict between the administrator’s rules and these Terms, these Terms govern to the extent permitted by law.

The arbitration will be conducted by one neutral arbitrator. Unless the parties agree otherwise, the hearing will take place remotely or in Clark County, Nevada. The arbitrator may award the same individual relief that a court could award under applicable law. The arbitrator will issue a written decision stating the essential findings and conclusions. The arbitration and related materials will be confidential except as necessary to enforce an award or as required by law.

The parties will pay filing, administration, and arbitrator fees as required by the applicable rules and law. If you are an individual using the Services primarily for personal, family, or household purposes, applicable consumer arbitration rules and fee protections will apply. The arbitrator may award attorneys’ fees or costs only where authorized by applicable law or agreement.

24.3 Individual proceedings and class action waiver

To the maximum extent permitted by law, arbitration will proceed only on an individual basis. Neither party may bring or participate in a class, collective, consolidated, representative, or private-attorney-general action or arbitration, or seek relief on behalf of another person, unless both parties agree in writing.

The arbitrator may not combine claims of multiple persons or preside over any form of representative or class proceeding. If a court determines that this class action waiver is unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court to the extent required by law; the remaining claims will proceed in individual arbitration. Nothing in this section limits any non-waivable right you may have under applicable law.

24.4 Small claims and limited court relief

Either party may bring an individual action in small claims court if the claim qualifies and remains in that court. Either party may also seek temporary or preliminary injunctive relief in court when reasonably necessary to protect its intellectual property, confidential information, systems, or data, or to prevent unauthorized access or misuse, while arbitration is pending. Seeking such relief does not waive the right to arbitrate other claims. Any request for final relief beyond the permitted court proceeding must be resolved by arbitration, unless applicable law requires otherwise.

24.5 Right to opt out

You may opt out of this arbitration agreement and class action waiver by sending a written opt-out notice to 732 S 6th St, Ste N, Las Vegas, NV 89101 or admin@aquarunner247.com within 30 days after you first accept these Terms or, for an existing Account, within 30 days after the effective date of a material change to this Section 24. Your notice must include your name, business name (if any), the email address associated with your Account, and a clear statement that you opt out of the arbitration agreement and class action waiver. Opting out will not affect the rest of these Terms or any prior arbitration agreement between you and us.

24.6 Survival and severability

This Section 24 survives termination of these Terms. If any portion of this Section is found unenforceable, the remaining portions will remain in effect, except as provided in Section 24.3 or where applicable law requires otherwise.

25. General Provisions

25.1 Assignment

You may not assign or transfer these Terms or your Account, in whole or in part, without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms as part of a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to an affiliate or successor.

25.2 Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

25.3 Entire agreement and order of precedence

These Terms, together with any Order, the Privacy Policy, the End User License Agreement, the Data Processing Agreement, the Consumer Addendum where it applies, and any applicable service level agreement, are the entire agreement between you and AquaRunner247 concerning the Services and replace prior or contemporaneous agreements on that subject. If there is a conflict, the following order applies: (1) the Consumer Addendum, where it applies to you under Section 2, for the matters it addresses; (2) a signed Order, but only for the subject it expressly addresses; (3) an applicable data processing agreement, for data-processing matters; (4) an applicable service level agreement, for Service availability, support, and service credits; (5) the End User License Agreement, for use of the mobile application and app-store terms; and (6) these Terms. The Privacy Policy governs the matters it addresses concerning personal information.

25.4 Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, widespread internet or telecommunications failures, government actions, epidemics, or failures of third-party services, except that this section does not excuse payment obligations for Services already provided.

25.5 No waiver

A party’s failure or delay in enforcing a provision of these Terms is not a waiver of its right to enforce that provision later. Any waiver must be in writing and signed by the waiving party.

25.6 Relationship of the parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship. Neither party may bind the other.

25.7 No third-party beneficiaries

Except for the indemnified parties identified in Section 20, these Terms do not create rights for any third party.

25.8 Electronic communications

You consent to receive communications, agreements, notices, and disclosures electronically, including through the Services or by email. Electronic records and signatures will have the same effect as written records and signatures to the extent permitted by law.

26. Contact Us

For questions about these Terms, billing, or the Services, contact us at:

AquaRunner247 LLC, doing business as AquaRunner247
Email: support@aquarunner247.com
Website: https://aquarunner247.com
Notice Address: 732 S 6th St, Ste N, Las Vegas, NV 89101

Version History

An organization’s recorded acceptance names the version it agreed to, so each version listed here remains available on request at admin@aquarunner247.com.

Informational draft only. This document should be reviewed and revised by a licensed attorney before use.